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Ministerial Intervention
Any applicant who has had
the refusal or cancellation of their visas reviewed and decided by the
Migration Review Tribunal, Refugee Review Tribunal, or in some
circumstances the Administrative Appeals Tribunal may make a written
request to the Minister for Immigration for Ministerial intervention. A
request for Ministerial intervention is made on the basis of the
existence of “unique and exceptional circumstances”, compassionate, or
humanitarian grounds affecting the applicant.
Should the Minister for Immigration decide to exercise his discretion
and reach the decision that it is in the “public interest” to grant a
visa, he may grant the visa he considers to be the most appropriate in
the circumstances, which may be either a temporary or permanent visa.
If you are making a first request for Ministerial Intervention, and do
not hold a visa at the time of the request, you will be entitled to a
Bridging Visa E (without work rights), which will enable you to remain
lawfully in Australia while the Minister is considering your request. If
you are making a second request for Ministerial intervention you will
not be entitled to a bridging visa unless the Minister is personally
considering exercising her discretion in your case.
You may only apply for work rights on your bridging visa if:
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the Minister is personally
considering whether to exercise her discretion; and
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there is a “compelling
need to work” evidenced by financial hardship.
Please note that you
cannot apply to have a decision of the Minister not to exercise to his
discretion reviewed by a review body.
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